WVC 48 - 22 - 603
§48-22-603. Notice to an unknown father.
(a) In the case of an unknown father, the court shall inspect
the affidavit submitted pursuant to the provisions of section
22-502, consider any additional evidence that the court, in its
discretion, determines should be produced, and determine whether
said father can be identified. The inspection and consideration of
any additional evidence by the court shall be accomplished as soon
as practicable after the filing of the petition, but no later than
sixty days before the final hearing on the adoption petition.

(b) If the court identifies a father pursuant to the
provisions of subsection (a) of this section, then notice of the
proceeding for adoption shall be served on the father so identified
in accordance with the provisions of section 22-602.

(c) If after consideration of the affidavit and/or the
consideration of further evidence, the court finds that proper
service cannot be made upon the father because his identity is
unknown, the court shall order publication of the notice only if,
on the basis of all information available, the court determines
that publication is likely to lead to receipt of notice by the
father. If the court determines that publication or posting is not
likely to lead to receipt of notice, the court may dispense with
the publication or posting of a notice.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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